07-26-07 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Zoning Board of Adjustment October 25, 2007 #V07-006 Page 2 of3 Except as otherwise prohibited, the board is empowered to authorize a variance from a requirement when the board finds that all of the following conditions have been met. .:. That the granting of the variance will not be contrary to the best public interest. .:. That literal enforcement of the chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, fmancial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions; and .:. That by granting the variance, the spirit of the chapter will be observed. Regarding this request, the relief being sought to: · Allow construction/relocation of a fence with a reduced setback in the front yard. In determining if granting the applicant's request would be contrary to the public interest, Staff recognizes that the development of the fence at the property may not create a problem with adjoining properties. A survey of surrounding properties shows that this non-compliance with the ordinance is typical to the area. In viewing the specific grounds for granting a variance, however, staff points out that the condition, as it exists, "... is the result of the applicant or property owner's own actions. . . " contrary to the provisions of Section 106-192. However, staff fmds no grounds to justify ". . . unnecessary hardship because of exceptional narrowness, shallowness, shape topography, or other extraordinary or exceptional physical situation unique to the property in question." Security of the property and detention pond view within the front setback, however, may be considered in this regard. The Zoning Board of Adjustment's fmal consideration is whether granting of this request, observes the spirit of the ordinance. Based on the facts noted in this report, the applicant's request may not be contrary with the spirit of the ordinance, and may promote the health, safety and welfare of the general public. Additionally, staff noted that the approved site plan shows a dumpster to be screened from public view and right-of-way. Currently, the dumpster is placed at the driveway and shipping containers are stacked at site which is prohibited by the City ordinances (pI. see picture). The City staff will request corrective action for the same.